Dáil Éireann debate -
Tuesday, 4 Nov 1997

Vol. 482 No. 3

Written Answers. - European Convention on Human Rights.

Derek McDowell

Question:

36 Mr. McDowell asked the Minister for Foreign Affairs the plans, if any, he has to ensure the incorporation of the European Convention on Human Rights into law following the decision of the British Government to do so in view of the fact that this decision will make Ireland the only EU member of the Council of Europe not to incorporate the convention into domestic law; and if he will make a statement on the matter. [18104/97]

Minister for Foreign Affairs (Mr. Andrews)

The Government attaches great importance to Ireland's adherence to the European Convention on Human Rights. In Ireland the rights guaranteed under the convention are either expressly protected by the fundamental rights provisions of the Constitution, as strengthened by the Courts' interpretation of the doctrine of unenumerated personal rights, or are to be found in other provisions of domestic legislation.

The question of incorporating the European Convention on Human Rights into domestic law has been looked at on a number of occasions. This issue was most recently examined by the Constitution Review Group in its report of May 1996.

The review group did not favour the direct incorporation of the convention; it instead considered that it would be preferable to draw on the convention, and other international human rights conventions, to build on and improve the existing fundamental rights provisions of the Constitution.

While there are no plans at present to incorporate the European Convention into domestic law, the Government will keep the matter under active review, in the light of the prevailing circumstances.